FCRA Focus
Troutman Pepper, Dave Gettings
Subscribe
FCRA Focus is dedicated to discussing "all things" related to the Fair Credit Reporting Act, which regulates the collection of consumers' credit information and access to their credit reports. Each episode explores an interesting aspect of credit reporting, with the aim of providing new insights that help consumer finance businesses do their jobs better. Guests from the industry and lawyers for consumers as well as business insiders will join host Dave Gettings in this podcast series.
Available episodes
Newest first
Oldest first
Sep 21, 2023
CFPB's Rulemaking Under the FCRA (Part 3) – Crossover Episode With The Consumer Finance Podcast
Join us for the third episode in a special three-part series covering the CFPB's intention to propose new rules under the Fair Credit Reporting Act (FCRA). In this episode, Troutman Pepper Partners Chris Willis, Dave Gettings, Kim Phan, Ethan Ostroff, and Ron Raether discuss the potential implications of regulating data brokers under the FCRA, and how this might affect data brokers as well as other types of entities, including users, consumer reporting agencies, and resellers.
playlist_add
Sep 14, 2023
CFPB's Rulemaking Under the FCRA (Part 2) – Crossover Episode With The Consumer Finance Podcast
Join us for the second episode in a special three-part series covering the CFPB's intention to propose new rules under the Fair Credit Reporting Act (FCRA). In this episode, Troutman Pepper Partners Chris Willis, Dave Gettings, Kim Phan, Ron Raether, and Ethan Ostroff discuss the regulation of credit header data and the potential impact on the FCRA and consumer reporting agencies, as well as users and data brokers.
Stay tuned for the third and final episode in this series, which will focus specifically on data brokers and the possibility of regulating them under the FCRA, and how this might affect data brokers as well as other types of entities, users, consumer reporting agencies, and resellers.
playlist_add
Sep 7, 2023
CFPB's Rulemaking Under the FCRA – Crossover Episode With The Consumer Finance Podcast
Join us for the first episode in a special three-part series covering the CFPB's intention to propose new rules under the Fair Credit Reporting Act (FCRA). In this episode, Troutman Pepper Partners Chris Willis, Dave Gettings, Ethan Ostroff, and Kim Phan explore the historical events that led us to this point, the next steps in the rulemaking process, the expected timeline for a final rule, how the CFPB is coordinating with the FTC and other regulators, and the expected proposed rulemaking regarding credit header data and data brokers.
Stay tuned for the next two episodes in this series. In our second episode, our panel will discuss the regulation of credit header data and the potential impact on the FCRA and consumer reporting agencies, as well as users and data brokers. And the final episode of our series will focus specifically on data brokers and the possibility of regulating data brokers under the FCRA, the effect it can have on data brokers as well as other types of entities, users, consumer reporting agencies, and resellers.
playlist_add
Jul 18, 2023
Using Expert Witnesses in FCRA Cases
Please join Troutman Pepper Partner Dave Gettings and colleagues Tim St. George and Jessica Lohr as they discuss the use of expert witnesses in FCRA cases. During this episode the team covers a multitude of relevant topics, including:
* What is an expert witness and how does an expert witness differ from a fact witness?
* Are expert witnesses overutilized or underutilized in FCRA cases?
* How to best use expert witness to explain industry standards and rebut plaintiffs' liability, damages, and class certification theories.
* Potential issues to look out for when retaining an expert witness, including common pitfalls.
playlist_add
Jun 7, 2023
AI: Impact and Use in Background Screening - Crossover Episode With the Regulatory Oversight Podcast
Join us for the final episode in a special five-part series covering artificial intelligence (AI). Many companies use machine learning algorithms and AI to assist with employment decisions and tenant screening. In our final episode, Stephen Piepgrass and colleagues Ron Raether and Dave Gettings examine the use and impact of AI in background screening, including the potential risks companies may face with increased reliance on AI.
Our panel also explores the increased focus on AI by various regulators and state attorneys general, and offer some best practices to consider when developing or adopting machine learning models into business processes.
We hope you enjoyed listening and found value in this episode. For the complete series on AI, please visit the _Regulatory Oversight_ podcast on our website for all previous AI installments.
playlist_add
Feb 17, 2023
2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast
Please join Consumer Financial Services Partner Dave Gettings in this inaugural crossover episode with Partner Chris Willis of _The Consumer Finance Podcast_ in welcoming their guests and fellow Partners Cindy Hanson and David Anthony. Dave, Chris, Cindy, and David unite to discuss the 2022 year in review of the Fair Credit Reporting Act and a look ahead for the next year.
Cindy Hanson focuses her practice on class-action defense and has practiced FCRA litigation for over 25 years. She has handled more than a thousand matters under the FCRA and also brings significant experience representing companies defending class actions under consumer protection statues and state common law.
David Anthony represents companies in highly regulated industries, including consumer financial services companies. He brings significant experience in class actions and complex individual lawsuits. He has vast litigation experience defending cases under the FCRA, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and numerous other federal and state consumer protection statutes.
playlist_add
Jan 5, 2023
CFPB's Involvement in Tenant Screening
Please join Consumer Financial Services Partner Dave Gettings and his fellow Partner Ron Raether as they discuss the Consumer Financial Protection Bureau and its supervision of the tenant screening industry. During this episode, Dave and Ron also examine issues facing tenant screening companies and what can be done in the industry.
Ron Raether has helped companies navigate federal and state privacy laws for more than 20 years. He has effectively defended hundreds of privacy and data security putative class actions. Ron’s experience is unique in the number of privacy cases litigated through class and substantive issue motions, including defending those successes in the appellate courts.
playlist_add
Nov 1, 2022
An Inside Look as a Juror
Please join Consumer Financial Services Partner Dave Gettings and his guests and colleagues Jessica Lohr and Virginia Flynn who discuss their recent service as jurors on criminal cases, while also providing valuable insight to litigators into what a case looks like from the jury box.
Jessica defends consumer reporting agencies, national banking institutions, and mortgage loan servicers in federal and state courts at both the trial and appellate levels in complex litigation and business disputes, financial services litigation, and consumer litigation. Jessica has handled individual cases and class actions in many states and has substantial experience handling general commercial disputes in both state and federal courts in California.
Virginia focuses her practice on representing clients in federal and state court at both the trial and appellate level in complex litigation and business disputes, health care litigation, including ERISA and out-of-network issues, and consumer litigation in more than 21 states nationwide. She increasingly counsels clients to ensure they comply with the myriad of growing laws in the consumer law with a particular emphasis on the intersection of TCPA and HIPAA.
playlist_add
Oct 7, 2022
Third Circuit Hands Down Decision in FCRA Pay Status Cases
Please join Consumer Financial Services Partner Dave Gettings and his colleagues Ethan Ostroff, Brooke Conkle, and Jon Kenney as they discuss the Third Circuit’s recent decision in the _Bibbs_ case, particularly the Third Circuit’s treatment of “pay status” allegations and what we can expect to see going forward.
Ethan Ostroff advises companies on compliance issues and interactions with regulators concerning the Fair Credit Reporting Act, while also defending furnishers, users, and specialty consumer reporting agencies in individual and class-action lawsuits under the Fair Credit Reporting Act (FCRA).
Brooke Conkle focuses her practice on complex litigation and federal consumer protection statutes, including the FCRA and Regulation V, the Equal Credit Opportunity Act (ECOA) and Regulation B, the Telephone Consumer Protection Act (TCPA), and UDAP laws.
Jon Kenney represents national clients in federal and state courts and routinely defends financial services companies in litigation under various federal statutes and regulations, including the FCRA, the Fair Debt Collection Practices Act (FDCPA), the TCPA, and the Truth in Lending Act (TILA) and Regulation Z.
playlist_add
Aug 4, 2022
CFPB’s Increasingly Active Interest in Credit Reporting
Please join Consumer Financial Services Partner Dave Gettings and his fellow Partner Ethan Ostroff as they discuss the Consumer Financial Protection Bureau’s increasingly active interest in credit reporting, including a recent CFPB blog post on credit card companies and their perceived practice of suppressing payment information, as well as what it signals to companies in the industry.
Ethan’s practice includes advising companies on compliance issues and interactions with regulators concerning the Fair Credit Reporting Act, as well as defending furnishers, users, and specialty consumer reporting agencies in individual and class-action lawsuits under the FCRA.
playlist_add
Jul 5, 2022
A Conversation with Kristi Kelly of Kelly Guzzo
Join Consumer Financial Services Partner Dave Gettings as he hosts guest Kristi Kelly, one of the founders of Kelly Guzzo PLC, for a conversation discussing current FCRA trends from the plaintiffs’ counsel perspective. As a consumer protection attorney, Kristi advises consumers nationwide in individual and class-action cases under the FCRA, including cases against furnishers and consumer reporting agencies.
playlist_add
Jun 3, 2022
An Industry Perspective: A Conversation with Eric Ellman of the Consumer Data Industry Association
Please join Troutman Pepper Partner Dave Gettings and his guest Eric Ellman of the Consumer Data Industry Association (CDIA) for a conversation on recent industry developments in credit reporting. Dave and Eric discuss the CDIA’s mission, the idea of a government-run credit bureau, and recent trends in FCRA litigation. At the CDIA, Eric leads the state government and federal regulatory affairs programs, runs the legal department, serves as liaison to the format teams for credit data reporting, and participates in the association’s management. With the CDIA since 1998, Eric’s work has been highlighted on the front page of the _USA Today_ Money section (June 2007), where he was called a “warrior” who is “always well prepared for battle.”
playlist_add
Mar 9, 2022
FCRA Litigation: A Look Ahead for 2022
Join Troutman Pepper Consumer Financial Services Partner Dave Gettings for a special podcast series dedicated to exploring the Fair Credit Reporting Act (FCRA). In this inaugural episode, Dave talks with fellow Troutman Pepper Partner David Anthony, who is nationally recognized for representing consumer financial service companies, particularly in FCRA class actions. He has served as lead counsel in more than 100 class actions, and more than 1,500 individual cases across the country. In this discussion, Dave and David share what they are seeing in this practice and pull out the crystal ball to discuss where they see FCRA litigation going in 2022 and beyond.
playlist_add